The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006

Amendments to the Health and Safety (Enforcing Authority) Regulations 1998 E+W+S

6.—(1) The Health and Safety (Enforcing Authority) Regulations 1998(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “agricultural activities” insert—

““bus” means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;”;

(b) after the definition of “gas system” insert—

““guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—

(a)

travel along roads; and

(b)

are guided (whether while on the road or at other times) by means of—

(i)

apparatus, a structure or other device which is fixed and not part of the bus; or

(ii)

a guidance system which is automatic;

“guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles which for some or all of the time when they are in operation are guided by means of—

(a)

rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or

(b)

a guidance system which is automatic;

and for this purpose “vehicle” includes a mobile traction unit;;”;

(c) in the definition of “mine” after “1954” insert—

“but, notwithstanding subsection (5) of that section, does not include any railway serving the mine unless and to the extent that the railway is located within the curtilage of the mine;”;

(d) omit the definition of “prescribed system of guided transport”;

(e) for the definition of “railway” substitute—

““railway” means any system of transport the operation of which is specified in regulation 3(2) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006;”;

(f) after the definition of “railway” insert—

““road”—

(a)

in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; and

(b)

in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;”; and

(g) after the definition of “substances dangerous for supply” insert—

““trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);”.

(3) In regulation 3(6) (local authorities to be enforcing authorities in certain cases), for “Executive” substitute “Office of Rail Regulation”.

(4) In Schedule 2 (activities in respect of which the Health and Safety Executive is the enforcing authority)—

(a) for paragraph 12 substitute—

“12.   The operation of—

(a) a guided bus system; or

(b) any other system of guided transport, other than a railway, that employs vehicles which for some or all of the time when they are in operation travel along roads.”; and

(b) after paragraph 12 insert—

“13.   The operation of a trolley vehicle system.”.

Commencement Information

I1 Sch. para. 6 in force at 1.4.2006, see reg. 1

(1)

S.I. 1998/494; relevant amending instruments are S.I. 1999/2024 and 2002/2675.